NO PURCHASE NECESSARY. PURCHASE WILL NOT IMPROVE CHANCES OF WINNING. OPEN TO LEGAL RESIDENTS OF 50 U.S. AND D.C., AGES 18 AND OLDER (AGE OF MAJORITY). VOID WHERE PROHIBITED BY LAW. YOU MUST HAVE A FACEBOOK ACCOUNT TO PARTICIPATE.
ELIGIBILITY: This sweepstake (“Sweepstakes”) begins on November 6th, 2018 at 2:20:01 p.m. CT and ends on November 30th, 2018 at 07:59:59 p.m. CT (“Promotion Period”). The Sweepstakes is open to legal residents of the fifty (50) United States and the District of Columbia who: (i) are 18 years of age or older at time of entry; (ii) are the age of majority in their jurisdiction of residence; and (iii) have a Facebook account. Void where prohibited. Employees of Sponsor (defined below), and its respective parent companies, subsidiaries, affiliates, advertising agencies, public relations agencies, prize suppliers, including any vendors providing services in connection with this Sweepstakes (collectively, the “Sponsor Affiliates”), and employees, agents, directors, officers (including members of their immediate family – i.e., spouse, mother, father, in-laws, grandmother, grandfather, brother, sister, children and grandchildren – or same household) of Sponsor or any Sponsor Affiliates are not eligible to participate.
TO ENTER: During the Promotion Period, you may enter the Sweepstakes by first visiting the Frabill Facebook Page (the “Page”) and follow the link.
To be eligible, your entry must (i) be submitted during the relevant Promotion Period, (ii) contain the exact elements stated above; and (iii) contain only truthful, accurate, and complete information and responses. Each eligible entry submitted during the relevant Promotion Period will count as one (1) entry for the in the Sweepstakes. Failure to complete any step outlined in, or to follow any of, the Official Rules will result in disqualification of attempted entry.
Limit one (1) entry per person (including, as applicable, email, and/or social media account). Illegible and incomplete entries are void. Sponsor is not responsible for lost, late, or misdirected entries, or entries not received regardless of cause. In the event of a dispute over who submitted an online entry, the entry will be deemed to have been submitted by the authorized account holder of the e-mail account identified on the online entry form. The authorized account holder is deemed to be the natural person who is assigned to the e-mail address associated with the relevant Facebook account by the relevant entity responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Entries become the property of Sponsor and will not be returned.
To be eligible, all entries (including, without limitation, any and all information submitted) must comply with the following criteria (collectively, the “Required Representations and Warranties”):
(i) Your entry must be your own original work, created and shot by and/or featuring you; must not have been previously published, released or distributed in any form; must not have been entered into any other drawing or competition nor won any award. Modification of existing material does not count as original for purposes of this Promotion. The entry must not contain any material that would violate or infringe upon the rights of any person or entity, including without limitation copyrights, trademarks or rights of privacy or publicity, or that is defamatory, threatening, indecent, obscene or offensive, or that is unlawful, in violation of or contrary to any applicable laws or regulations, or which requires a license from any third party.
(ii) Your entry should not identify or depict anyone other than yourself. You represent that you have the express consent of any identifiable persons appearing, referenced, or named in the entry to their likeness being used in the ways set out in these Official Rules, including Sponsor’s right to use the entry for any future commercial purpose without restrictions.
(iii) Except for the marks of the Sponsor (addressed below), the entry must not depict, reference, or feature any names, products or services of any company or entity or any third party trademarks, logos, trade dress or promotion of any brand, product or service. Sponsor grants you the limited, fully revocable permission to display its marks and products in your entry and image solely for purposes of entering this Promotion and subject to these Official Rules.
(iv) The entry must be appropriate for public display and viewing. Without limiting the foregoing, the entry must not be lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libelous, violate any laws or otherwise contain content which Sponsor in its sole discretion decides is inappropriate or objectionable. Your entry must also not disparage or cast a negative light on any person, entity, or brand, product, or service.
(v) The entry must comply with all of the requirements and terms regarding the use of social media platform services that you used to submit your entry.
In the event your entry includes invalid information, you hereby permit (without any obligation to do so) Sponsor to edit your entry to comply with these Official Rules, in which case Sponsor may, in its discretion, deem the compliant entry to be eligible. Entries (including, without limitation, the submitted information) that do not comply with the above requirements may not be eligible (as determined by Sponsor in its sole discretion) and, if submitted, may be removed at any time in Sponsor’s sole discretion. Sponsor reserves the right in its sole discretion to disqualify any entry that it believes violates or potentially violates any of the foregoing requirements or otherwise fails to comply with any provision of these Official Rules. Entrants agree to reimburse Sponsor and Sponsor Affiliates in full in respect of any losses, damages, and expenses, including reasonable attorney fees that they may sustain from the breach of a representation or warranty made by the entrant or the use of any rights granted by the entrant to Sponsor hereunder. By entering, entrant warrants that the submitted entry complies with the entry requirements set out above including those at (i)-(v) above.]
Sponsor reserves the right to disqualify any entrant in its sole discretion. If any process fails to operate properly or appears to be tampered with or tainted with errors, fraud or unfair practices, Sponsor reserves the right to use another means to determine the winners, i.e. ask a judging panel as selected by Sponsor to determine qualifying entries. All entries are subject to verification.
LICENSE TO USE SUBMITTED MATERIALS: By entering, entrant grants to Sponsor a perpetual, irrevocable, non-exclusive, worldwide, royalty-free, sub-licensable, assignable license to reproduce the entry (including, without limitation, any and all submitted information) and to otherwise use, exploit, copy, modify, adapt, edit, publish and display the entry (including, without limitation, any and all submitted information) in any form, manner, venue, media or technology now known or later developed for any and all purposes, including, without limitation, for purposes of trade, advertising, and promotion as Sponsor and its licensees or assignees determine, without further compensation, notification, or permission. Further, by entering, the entrant hereby waives any moral rights the entrant may have in the entry (including, without limitation, any and all submitted information) in favor of the Sponsor. At Sponsor’s request and in its sole discretion, entrants may be required to execute an assignment and release transferring all rights and ownership of their entry to Sponsor, the form of such assignment to be determined by Sponsor in its sole discretion.
By submitting an entry, entrant also grants to Sponsor the worldwide, perpetual, irrevocable, fully sub-licensable, and transferable right, but not the obligation, to use any and all names, identities, titles, likenesses, distinctive appearances, physical likenesses, images, portraits, pictures, photographs (whether still or moving), screen personas, voices, vocal styles, statements, gestures, mannerisms, personalities, performance characteristics, biographical data, signatures, and any other indicia or imitations of identity or likeness listed, provided, referenced, or otherwise contained in the entry (including, without limitation, any and all submitted information) for purposes of advertising and trade, in any format, medium, or technology now known or later developed without further notice, approval, or compensation, unless prohibited by law.
PRIZE DRAWING: One (1) potential prize winner will be selected by random drawing from all eligible entries after the close of the Promotion Period. Odds of winning will depend upon the number of eligible entries received.
PRIZES: The winner will receive the following prize package, in the quantities noted and having the listed approximate retail value (“ARV”), to be awarded upon verification:
Monthly Prize pack
(ARV: $200.00). The prize is subject to the terms and conditions of the manufacturer and distributor. Where Sponsor or prize provider(s) suspect misuse of this prize for any reason, they shall have the right, in their sole discretions, to suspend or withdraw the prize, at which point no other award or substitution will be made.
The ARV of the prizes set forth above represents Sponsor’s good faith determinations of the approximate retail value thereof and such determinations are final and binding and cannot be appealed. If the actual value of any prize is lower than the stated listed ARV when prize is procured and fulfilled, the difference will not be awarded.
Prizes are awarded "AS IS." Neither Sponsor nor Sponsor Affiliates make or offer any warranty or guarantee, either express or implied (including, without limitation, quality, merchantability and fitness for a particular purpose) in connection with this Sweepstakes or any prize. Prize details and availability are subject to change, in which case a prize of equal value may be substituted at Sponsor's sole discretion. Prizes consist only of the items listed, are non-transferable, with no cash redemption or substitution except at Sponsor's sole discretion. Federal, state, or local taxes on prizes, if any, and any other costs, fees or expenses not listed above are the sole responsibility of each winner.
NOTIFICATION: Winner(s) will be notified by direct message and them through a provided email address. To claim the prize, Sponsor may require winner to complete, sign, and return Affidavit of Eligibility/Liability Release/Publicity Release forms, and other applicable documents, which may require a social security number, completed and emailed to Sponsor within 24 hours from Sponsor sending such documents. At Sponsor’s discretion, winners may be required to produce picture or some other form of proper identification to claim any prize. Sponsor reserves the right to substitute any prize with prize of equal or greater value. If a potential winner cannot be contacted, fails to timely claim the prize, is disqualified, fails to timely execute and return any required forms, or if the prize notification is returned as undeliverable, an alternate winner will be selected from other potential winners and/or by random draw from all remaining eligible entries. If by reason or printing or other error, more prizes are claimed than the number of prizes set forth in these Official Rules, a random drawing will be held to award the advertised number of prizes in the relevant category. Under no circumstances will more than the advertised number of prizes be awarded.
PUBLICITY & MARKETING: Acceptance of any prize constitutes permission to the Sponsor to use winners’ name, voice, statements, image and likeness for purposes of advertising and trade, in any medium, without further compensation or notice, unless prohibited by law. Submission of contact information in connection with this Sweepstakes (whether or not required), including mailing address, phone number, and email address during entry constitutes permission for Sponsor to add entrant to Sponsor’s customer database and to contact entrant in the future for promotional and other reasons. You may opt-out of receiving such communications provided within any such marketing materials (e.g., using the “Unsubscribe” feature provided in the footer of Sponsor’s emails).
NO LIABILITY & INDEMNIFICATION: Sponsor, Sponsor Affiliates, and Facebook are not responsible for and entrants release each from any failures of any kind (whether caused by computer, technical, or human error) which may either limit the entrant’s ability to submit an entry, claim a prize, or otherwise participate in this Sweepstakes, or Sponsor’s ability to include all eligible entries, conduct random drawings, notify potential winners, or otherwise execute this Sweepstakes in the manner intended. Entrants further release and agree to indemnify Sponsor, Sponsor Affiliates, and Facebook from any and all liability, claims or actions of any kind whatsoever arising from injuries, damages, or losses to persons or property which may be sustained in connection with this Sweepstakes including, but not limited to: (a) the receipt, ownership or use of any prize awarded; (b) any travel or prize-related activity; (c) any typographical or other error in these Official Rules or any other materials disseminated by Sponsor; and (d) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with any equipment, systems, networks, lines, satellites, servers, computers, or providers used by an entrant or Sponsor.
OTHER TERMS: Decisions of Sponsor on all matters related to the Sweepstakes are final. Sponsor reserves the right to cancel or modify the Sweepstakes for any reason, including but not limited to, if fraud, misconduct or technical failures destroy the integrity of the Sweepstakes, or if a computer virus, bug, or other technical problem corrupts the administration, security, or proper administration of the Sweepstakes as determined by Sponsor, in its sole discretion. Sponsor reserves the right to disqualify or prohibit the participation of an individual if fraud or tampering is suspected, or if the individual fails to comply with any requirement of participation or with any provision in these Official Rules. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL & CIVIL LAWS. SPONSOR RESERVES THE RIGHT TO DISQUALIFY AND/OR SEEK DAMAGES FROM ANY INDIVIDUAL MAKING ANY SUCH ATTEMPTS TO THE FULL EXTENT PERMITTED BY LAW.
NO AFFILIATION WITH FACEBOOK: This Sweepstakes is in no way sponsored, endorsed or administered by, or associated Facebook or any other named or depicted people or entities other than Sponsor. Any questions, comments or complaints regarding the Sweepstakes should be directed to Sponsor.
WINNER LIST: To obtain a list of winners, visit the Page (Listed Above), where the winner will be announced after the close of the Sweepstakes.
SPONSOR: Plano Molding Company, LLC, 431 East South Street Plano, IL 60545.
AFFIDAVIT OF ELIGIBILITY AND
LIABILITY & PUBLICITY RELEASE
Sponsor: Plano Molding Company, LLC Promotion: Frabill Road Show Giveaway
I, the above-named winner, understand that my entry has been selected and verified as a prize winner in the above-named promotion (the “Promotion”). I am submitting this affidavit with the understanding that it will be relied upon to determine my eligibility in the Promotion.
I represent that I am a U.S. citizen residing at the address listed below. I affirm and represent that I have complied with all the Official Rules and regulations of the Promotion and that I have committed no fraud or deception in entering the Promotion or in claiming any prize. I further represent that I am not an employee of the Sponsor (as defined in the Official Rules) or of any other entity stated in the Official Rules whose employees are not eligible to enter the Promotion or a member of the family of any such employee. I hereby incorporate the Official Rules into this Affidavit by reference and reaffirm my agreement to all of the provisions listed in those Official Rules, including, without limitation, any and all releases of liability. I understand that I am entitled to receive only the announced prize and that prizes are non-transferable and no substitutions will be made except at the sole discretion of the Sponsor or as provided in the Official Rules.
I hereby certify that my entry to the Promotion is my original work and does not infringe on the legal rights, including intellectual property rights, of any third party. I hereby grant to Sponsor and its affiliates and licensees the absolute right and permission to edit, modify, cut, rearrange, add to, delete from, copy, reproduce, translate, dub, adapt, publish, exploit, and use the content of and elements embodied in my entry, in perpetuity in any and all media, including but not limited to digital and electronic media, computer, audio and audiovisual media (whether now existing or hereafter devised), in any language, throughout the world, and in any manner, for trade, advertising, promotional, commercial, or any other purposes without further review, notice, approval, consideration, or compensation.
I hereby give my consent to the Sponsor for the use of my name, voice, statements, image or likeness, in any form, without further obligation to me, in any advertising and promotional materials of the Sponsor in any medium, including on the Internet, without territorial, time, use or other limitation except as prohibited by law.
I acknowledge that the prize may include a weapon or other item that is hazardous, strenuous and risky. I acknowledge that I am familiar with the safe use of the awarded prize(s) and agree to operate and use it in a safe and appropriate manner at all times. I further acknowledge and agree that certain inherent hazards and risks are associated with the use of any prize. I AM AWARE AND UNDERSTAND THAT ASPECTS OF THE PRIZE MAY BE DANGEROUS AND INVOLVE THE RISK OF SERIOUS INJURY AND/OR DEATH AND/OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY BE COMPOUNDED BY NEGLIGENT OR UNAVAILABLE EMERGENCY RESPONSE OR RESCUE OPERATIONS. I ACKNOWLEDGE THAT I AM VOLUNTARILY ACCEPTING THE PRIZE WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DEATH OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF THE SPONSOR OR ANY RELEASEE (DEFINED BELOW).
I hereby expressly waive and release, on behalf of myself and my heirs, any and all claims, now known or hereafter known in any jurisdiction throughout the world, against the Sponsor (and all of its parents, affiliates, related companies, officers, employees, shareholders, directors, agents, successors and assigns) and any entity or person connected with the Promotion (collectively, “Releasees”), on account of injury, death or property damage arising out of or attributable to the use (or misuse) of the awarded Prize and/or participation in the Promotion, whether arising out of the negligence of the Company or any Releasees or otherwise. I covenant not to make or bring any such claim against the Sponsor or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims. Without limiting the foregoing, I further understand and acknowledge and hereby, for myself, my heirs, executors, administrators, and other representatives do waive and release any and all rights, claims and causes of action whatsoever I may have against the Sponsor for any matter, cause or things whatsoever arising out of my participation in this Promotion and my acceptance and utilization of any prize that I win in the Promotion.
I also acknowledge that I am solely responsible for all federal, state and local taxes due as a winner of this Promotion, as well as obtaining and paying for any life, travel, accident, property or other insurance related to the use of the prize. I recognize that I may wish to seek independent counsel to determine the full extent of my tax liability under state federal laws and regulations. I acknowledge and agree that I am responsible for all other expenses that may become due because of my winning a prize.
I hereby agree that Sponsor has neither made nor is in any manner responsible or liable for any warranty, representation, or guarantee, expressed or implied, in fact or in law, relative to any prize, including but not limited to its quality, merchantability, fitness for a particular purpose or mechanical condition. I agree to return immediately upon demand to the Sponsor any prize or the value of said prize that has been or may be awarded to me if any statement made by me in this affidavit is false. I declare that all information I submit in this affidavit is true and correct. I attest that I have read, or have had read to me, and understand all the foregoing provisions of this affidavit, prior to its execution, and agree to bound by them.